Other conditions decisions — 2014

The Veteran seeks service connection for chronic gastrointestinal problems that he has experienced since a February 2007 surgery. The case is being remanded to gather more information and conduct an examination.

The Board denied service connection for carcinoma of the left tonsil with metastasis to the left side of the neck and a disorder of the larynx, finding that new evidence did not establish a link between these conditions and active service. The Veteran's history of smoking was considered in determining that any resultant disorders were secondary to his primary condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and arranging for medical examinations to address his claims.

The case is being remanded due to technical issues with the previous hearing and the Veteran's request for a videoconference hearing.

The Board has determined that the appellant's character of discharge is a bar to VA benefits due to willful and persistent misconduct, but not insanity. The appeal does not involve service connection.

The Veteran seeks compensation under 38 U.S.C.A. � 1151 for injuries to his right eye resulting from cataract surgery performed in January 2008 at a VA medical facility. The case is being remanded due to the need for an addendum opinion regarding whether any disability of the right eye was caused or permanently worsened by the VA surgical procedure and follow-up care.

The RO granted the appellant's claim for accrued nonservice-connected pension benefits in the amount of $904 based on the unreimbursed medical expenses reported on the Veteran's medical expense report for 2007.

The Board found that the Veteran's claim for an earlier effective date for non-service connected pension benefits was denied as there is no evidence showing continuous eligibility for Social Security Administration (SSA) benefits from September 15, 2001. The earliest effective date granted based on the facts and law in this case is February 24, 2009.

The Veteran's pension benefits were terminated due to his status as a fugitive felon, and an overpayment of $24,145.83 was created from June 6, 2008 to January 28, 2011. The appeal is REMANDED for scheduling a hearing before the Board.

The Board has determined that the Veteran's liver cancer, which caused his death in February 2006, was related to exposure to Agent Orange during service. As a result, the cause of the Veteran's death is now considered service-connected.

The Veteran's right elbow disability has been rated at 10 percent, the maximum non-compensable rating. The Board found that his symptoms did not warrant a higher rating.

The Veteran's entire active service period from September 2003 to September 2006 was subject to the education loan repayment program under 10 U.S.C.A. Chapter 109 and thus does not establish eligibility for benefits under the Post-9/11 GI Bill.

The Board found that the appellant's income exceeded the maximum allowable death pension rate for a spouse with no dependents, leading to the termination of her death pension benefits effective January 1, 2010.

The Veteran's appeal is being remanded for further development and consideration of his claim for automobile and adaptive equipment or adaptive equipment only.

The Veteran's request for a clothing allowance is being remanded due to the need for a hearing.

The Board found that a partial waiver of the overpayment in the amount of $4,000 was warranted due to the Veteran's fault and VA's partial fault in not reducing benefits promptly upon receipt of notification of incarceration.

The Board has determined that the Veteran's bilateral hip disabilities are related to service and granted his claims for service connection.

The Veteran's request for an extension of the delimiting date beyond March 1, 2011, to continue receiving Montgomery GI Bill educational benefits was denied because she did not meet the criteria for such an extension under VA regulations.

The Board denied an increased rating for chronic fungal disease of the toes, finding that the evidence did not support a grant of a higher rating.

The Veteran's appeal is being remanded due to the need for additional medical records and a VA examination. The issue of entitlement to an increase rating for pilonidal, perirectal sinus, postoperative residuals remains on hold until further action.